Proceedings

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IN THE MATTER OF
EDA MARIE AGUECI, DENNIS WING, SANTO IACONO,
JOSEPHINE RAPONI, KIMBERLEY STEPHANY, HENRY FIORILLO,
GIUSEPPE (JOSEPH) FIORINI, JOHN SERPA, IAN TELFER,
JACOB GORNITZKI and POLLEN SERVICES LIMITED

NOTICE OF HEARING
(Section 144 of the Securities Act, RSO 1990, c S.5)




WHEREAS on June 24, 2015, the Ontario Securities Commission made an Order (the “Order”) under sections 127 and 127.1 of the Securities Act, RSO 1990, c S.5 (the “Act”) relating to sanctions and costs against Eda Marie Agueci (“Agueci”), Dennis Wing, Kimberley Stephany, Henry Fiorillo (“Fiorillo”) and Pollen Services Limited (collectively, the “Respondents”);

AND WHEREAS on November 30, 2015, the Commission granted an application by Agueci to vary the Order pursuant to section 144 of the Act and the Commission amended the Order to allow Agueci to liquidate certain securities and to direct a payment to the Commission in compliance with the Order;

TAKE NOTICE that the Commission will hold a hearing pursuant to section 144 of the Act to consider whether, in the Commission’s opinion, it would not be prejudicial to the public interest to make an order:

  1. varying the Order, as amended, to:
    1. allow Fiorillo to trade and/or acquire mutual funds, exchange-traded funds, government bonds and/or guaranteed investment certificates for the account of his Individual Pension Plan, subject to the terms set out in paragraph 3(c)(iii) of the Order;
    2. specifically include “hedge fund manager(s)” as permitted to manage Fiorillo’s securities holdings, subject to the terms set out in paragraph 3(d) of the Order; and
    3. allow Fiorillo to invest in non-securities related businesses operated either by Fiorillo or Fiorillo’s family members, provided that advance notice of thirty days is given to the Commission prior to the investment; and
  2. for such further and other relief as Fiorillo may request and the Commission may permit;

BY REASON OF the application record filed by Fiorillo on May 3, 2017 requesting a variation to the Order, as amended, including the Affidavit of Fiorillo sworn March 10, 2017 and the Consent executed on behalf of all parties except for Pollen Services Limited;

AND TAKE FURTHER NOTICE that Fiorillo requested that the application be heard in writing, pursuant to Rule 15.5 of the Ontario Securities Commission Rules of Procedure (2014), 37 OSCB 4168 (the “Rules”), and that Staff of the Commission and the Respondents, except for Pollen Services Limited, have consented to the variation sought to the Order;

AND TAKE FURTHER NOTICE that any party to the proceeding may be represented by a representative at the hearing;

AND TAKE FURTHER NOTICE that the Notice of Hearing is also available in French on request of a party, participation may be in either French or English and participants must notify the Secretary’s Office in writing as soon as possible, and in any event, at least thirty (30) days before a hearing if the participant is requesting a proceeding to be conducted wholly or partly in French; and

ET AVIS EST ÉGALEMENT DONNÉ PAR LA PRÉSENTE que l'avis d'audience est disponible en français sur demande d’une partie, que la participation à l'audience peut se faire en français ou en anglais et que les participants doivent aviser le Bureau du secrétaire par écrit le plut tôt possible et, dans tous les cas, au moins trente (30) jours avant l'audience si le participant demande qu'une instance soit tenue entièrement ou partiellement en français.

DATED at Toronto this 12th day of May, 2017.

 



" Grace Knakowski "
Grace Knakowski
Secretary to the Commission